B. Arunlal, v. The Deputy Commissioner Of Police,

THE HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.31721 OF 2013 ORDER:

There is no representation on behalf of the petitioner. 2.

The prayer sought in the Writ Petition is as under: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in not investigating and filing report in FIR No.217 of 2013 dated 29.09.2013 on the file of 3rd respondent against the accused therein as illegal, arbitrary and unjust and consequential directions to the respondents to investigate and file final report in FIR No.217 of 2013 dated 29.09.2013 which was registered for the offences under Sections 457 and 380 IPC against the accused in the said FIR, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

3.

Respondent No.3 filed counter affidavit stating that the petitioner herein approached the Kachiguda Police Station, Hyderabad, on 29.09.2013 and lodged a complaint stating that he is running a cable network under the name and style of M/s. Sai Ram Cable Network at Ratnanagar, Barkatpura, and one Mr. B. Ramlal, who is his paternal uncle, was trying to interfere and take away his business. In that connection, the petitioner filed a suit in O.S.No.2410 of 2012 on the file of X Junior Civil Judge, City Civil Court, Hyderabad, which is pending. The interlocutory application in I.A.No.551 of 2013 was dismissed by the Court on 29.07.2013. It is also stated in the counter affidavit that on investigation, it is revealed that the cable network business of Ratnanagar was digitalized in the franchise agreement with Digi

Cable Network (India) Private Limited with M/s. Sri Ram Cable Network in the name of alleged accused Mr. B. Ramlal. It is also stated that a prima facie case is not yet made out against the accused and the investigation is under progress. 4.

During the course of arguments, learned Government Pleader brought to the notice of this Court that after completion of the investigation, a final report was filed before the concerned Court and after taking cognizance of the offences, the same is numbered as C.C.No.586 of 2014 and the same is pending trial. 5.

In view of these facts, this Court is of the opinion that no further cause would survive in the Writ Petition and the same is liable to be dismissed.

6.

The Writ Petition is accordingly dismissed.

Pending miscellaneous petitions, if any, shall stand closed. _____________________ P. KESHAVA RAO, J Date:17.09.2019 KH